BILL NUMBER: AB 1181 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2012
AMENDED IN SENATE JUNE 21, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
INTRODUCED BY Assembly Member Butler
FEBRUARY 18, 2011
An act to amend Sections 12210.5, 12509, 12511.1, and
12512 of the Business and Professions Code, relating to weights and
measures Section 95.31 of the Revenue and Taxation
Code, relating to local government finance, and declaring the urgency
thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 1181, as amended, Butler. Weights and measures.
Property tax administration: loan program.
Existing property tax law had authorized an eligible county, as
defined, upon the recommendation of the assessor and by resolution of
its board of supervisors, to elect to participate in the
State-County Property Tax Administration Loan Program, pursuant to
which a participating county received, in specified fiscal years, a
loan from the state, as specified, for the purposes of providing
supplemental funding for that county's local administration of the ad
valorem property tax.
This bill would reauthorize the State-County Property Tax
Administration Loan Program to allow counties to elect to participate
in the program to receive a loan in each fiscal year from the
2012-13 fiscal year to the 2015-16 fiscal year, inclusive. This bill
would also require the California Assessors' Association to report to
the Senate Committee on Budget and Fiscal Review and the Assembly
Committee on Budget regarding participating counties, as specified.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law makes it a crime for a person, firm, corporation, or
association to advertise, solicit, or represent by any means a
product for sale or purchase if it is intended to entice a consumer
into a transaction different from that originally represented. When
the sale of any commodity is based upon a quantity representation
either furnished by the purchaser or obtained through the use of
equipment supplied by the purchaser, the purchaser is prohibited from
buying the commodity according to any quantity which is less than
the true quantity. A violation of these provisions is a misdemeanor.
This bill would revise the latter provision by prohibiting the
purchaser from buying the commodity according to any quantity which
is less than the true quantity or computing the purchase price of the
commodity according to a unit price that is less than the highest
applicable price per unit, that is advertised, posted, marked,
displayed, or quoted for the commodity. Because the bill would change
the definition of a crime, the bill would impose a state-mandated
local program.
Existing law also prohibits a person from engaging in business as
a service agency for the repair of weights and measures, unless that
person registers with the Secretary of Food and Agriculture, as
specified.
This bill would make technical and conforming changes to related
provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 95.31 of the Revenue
and Taxation Code is amended to read:
95.31. (a) (1)
Notwithstanding any other provision of law, any
eligible county may, upon the recommendation of
the county assessor, and by resolution of the board of supervisors of
that county adopted not later than December
February 1 of the fiscal year for which it is to first apply,
elect to participate in the State-County Property Tax Administration
Loan Program.
(2) Except as specified in paragraph (3), for the purposes of this
section, an eligible county shall mean a county in which additional
property tax revenue allocated to school entities would reduce the
amount of General Fund moneys apportioned to school entities.
However, eligibility shall be terminated when, in combination with
resources in the Educational Revenue Augmentation Fund, additional
property tax revenues allocated to school entities will not result in
a reduction in the General Fund apportionments.
(3) Notwithstanding paragraph (2), both the County of Solano and
the County of San Benito shall be deemed eligible counties that may,
upon the recommendation of the county assessor, and by resolution of
the board of supervisors of the county adopted on or before March 31,
1996, elect to participate in the State-County Property Tax
Administration Loan Program.
(4) Notwithstanding paragraph (1), any county in which a new
assessor is elected in 1998 may, upon the recommendation of the
county assessor, and by resolution of the board of supervisors of the
county adopted on or before January 31, 1999, elect to participate
in the State-County Property Tax Administration Loan Program
commencing with the 1998-99 fiscal year.
(b) (1) In each fiscal year from the 1995-96
2012-13 fiscal year to the 2001-02
2015-16 fiscal year, inclusive, an eligible
a county participating in the State-County Property Tax
Administration Loan Program may receive a loan for up to the amount
listed in paragraph (3). However, for the 2012-13 fiscal year, a
county participating in the State-County Property Tax Administration
Loan Program may receive a loan for up to one-half of the amount
listed in paragraph (3). The loan shall be repaid by June 30 of
the fiscal year following the year in which the loan is made.
However, at the discretion of the Director of Finance, the loan may
be renewed once for an additional 12-month period at the request of
the participating county board of supervisors. For the
Counties of Fresno, Orange, San Benito, and Solano any loan agreement
signed on or before July 31, 1996, shall be deemed a loan agreement
for the 1995-96 fiscal year for the purposes of this section. For any
county in which a new assessor is elected in 1998, any loan
agreement signed on or before January 31, 1999, shall be deemed a
loan agreement for the 1998-99 fiscal year for the purposes of this
section.
(2) (A) If an eligible
a county elects to participate in the State-County
Property Tax Administration Loan Program, it shall enter into a
contractual agreement with the Department of Finance. At a minimum,
the contractual agreement shall include the following:
(A)
(i) The loan amount, as determined by the Director of
Finance.
(B)
(ii) Repayment provisions , including the
interception of Motor Vehicle License Fee Account moneys apportioned
pursuant to Section 11005 to repay the General Fund .
(C)
(iii) A listing of the proposed use of the additional
resources including, but not limited to:
(i)
(I) Proposed new positions.
(ii)
(II) Increased automation costs.
(D) An
(iv) Commencing in the 2012-13 fiscal
year, an agreement to provide to the Department of Finance, by
March 31 of the fiscal year in which the loan is made, a report
projecting the impact of the increased funding in the current and
subsequent fiscal year.
(v) An agreement to provide the Department of Finance an audit
report detailing the county's basis for satisfying the terms of the
loan agreement. The report shall be provided by October 1 of the
fiscal year following the year in which the loan is made.
(vi) An agreement to use the funds for the purposes stated, and,
should any portion of the funds be diverted to a different,
unapproved use, to return an amount equal to the diverted funds to
the state regardless of whether or not other terms of the agreement
are satisfied.
(B) The terms of the contract and the loan amount shall be
determined by standardized criteria.
(3) Upon request of the Department of Finance, the Controller
shall provide a loan to the following counties for up to the
an amount specified by the Director of Finance
, not to exceed the following amounts .
The following amounts are targeted loan amounts :
Jurisdiction Amount
$
Alameda ..................... $
2,152,429
2,199,786
Alpine ...................... 3,124
100,000
Amador ...................... 80,865
100,000
Butte ....................... 381,956
207,431
Calaveras ................... 109,897
100,000
Colusa ...................... 53,957
100,000
Contra Costa ................ 2,022,088
1,627,492
Del Norte ................... 36,203
100,000
El Dorado ................... 302,795
305,855
Fresno ...................... 1,165,249
654,693
Glenn ....................... 59,197
100,000
Humboldt .................... 210,806
122,349
Imperial .................... 231,673
118,682
Inyo ........................ 100,080
100,000
Kern ........................ 1,211,318
844,381
Kings ....................... 138,653
100,000
Lake ........................ 117,376
100,000
Lassen ...................... 54,699
100,000
Los Angeles ................. 13,451,670
11,949,154
Madera ...................... 212,991
123,737
Marin ....................... 790,490
632,279
Mariposa .................... 46,476
100,000
Mendocino ................... 160,435
113,255
Merced ...................... 298,004
189,021
Modoc ....................... 24,022
100,000
Mono ........................ 47,778
100,000
Monterey .................... 795,819
557,393
Napa ........................ 366,020
302,698
Nevada ...................... 234,292
187,802
Orange ...................... 6,826,325
4,674,190
Placer ...................... 628,047
637,598
Plumas ...................... 80,606
100,000
Riverside ................... 2,358,068
2,382,914
Sacramento .................. 1,554,245
1,411,399
San Benito .................. 90,408
100,000
San Bernardino .............. 2,139,938
1,904,245
San Diego ................... 5,413,943
4,346,770
San Francisco ............... 1,013,332
1,672,609
San Joaquin ................. 818,686
625,915
San Luis Obispo ............. 736,288
445,928
San Mateo ................... 2,220,001
1,608,858
Santa Barbara ............... 926,817
681,538
Santa Clara ................. 4,213,639
3,391,387
Santa Cruz .................. 565,328
372,719
Shasta ...................... 342,399
174,472
Sierra ...................... 7,383
100,000
Siskiyou .................... 91,164
100,000
Solano ...................... 469,207
461,156
Sonoma ...................... 1,035,049
762,342
Stanislaus .................. 866,155
411,622
Sutter ...................... 147,436
100,000
Tehama ...................... 97,222
100,000
Trinity ..................... 24,913
100,000
Tulare ...................... 501,907
305,188
Tuolumne .................... 126,067
100,000
Ventura ..................... 1,477,789
1,164,648
Yolo ........................ 278,309
228,498
Yuba ........................ 88,968
100,000
(4) The Department of Finance shall consider any or all of the
following items in determining the extent to which a county has
satisfied the terms and repaid the loan, pursuant to the contract, as
offered under this part:
(A) County performance as indicated by the State Board of
Equalization's sample survey required pursuant to Section 15640 of
the Government Code.
(B) Performance measures adopted by the California Assessors'
Association.
(C) Reduction of backlog of assessment appeals and
, Proposition 8 declines in value , and
restorations in value .
(D) County compliance with mandatory audits required by Section
469 and nonmandatory audits .
(E) Reduction of backlogs in new construction, changes in
ownership, unsecured roll, and supplemental roll.
(F) Other measures, as determined by the Director of Finance.
(5) The Director of Finance shall notify the Controller of any
participating county that fails to comply with the terms of the
agreement, including the repayment of the loan. When the Controller
receives notice from the Director of Finance, the Controller shall
make an apportionment to the General Fund on behalf of the
participating county in the amount of that required payment for the
purpose of making that payment. The Controller shall make
that payment only from moneys credited to the Motor Vehicle License
Fee Account in the Transportation Tax Fund to which the participating
county is entitled at that time under Chapter 5 (commencing with
Section 11001) of Part 5 of Division 2, and shall thereupon reduce,
by the amount of the payment, the subsequent allocation or
allocations to which the county would otherwise be entitled under
that chapter.
(c) (1) Funds appropriated for purposes of this section shall be
used to enhance the property tax administration system by providing
supplemental resources. Amounts provided to any county as a loan
pursuant to this section shall not be used to supplant the current
level of funding. In order to participate in the State-County
Property Tax Administration Loan Program, a participating county
shall maintain a base staffing, including contract staff, and total
funding level in the county assessor's office, independent of the
loan proceeds provided pursuant to this act, equal to the levels in
the 1994-95 2011-12 fiscal year
exclusive of amounts provided to the assessor's office
pursuant to Item 9100-102-001 of the Budget Act of 1994 .
However, in a county in which the 1994-95 funding level for
the assessor's office was higher than the 1993-94 level, the 1993-94
fiscal year staffing and funding levels shall be considered the base
year for purposes of this section. Commencing with the 1996-97 fiscal
year, if a county was otherwise eligible but was unable to
participate in this program in the 1995-96 fiscal year because it did
not meet the funding level and staffing requirements of this
paragraph, that county shall maintain a base staffing, including
contract staff, and total funding level in the county assessor's
office equal to the levels in the 1995-96 fiscal year.
(2) Prior to the assessor's recommendation for participation in
the State-County Property Tax Administration Loan Program, the
assessor shall consult with the county tax collector, and any other
county agency directly involved in property tax administration, to
discuss the needs of the program for the duration of the contractual
agreement.
(d) A participating county may establish a tracking system whereby
a work or function number is assigned to each appraisal or
administrative activity. That system should provide statistical data
on the number of production units performed by each employee and the
positive and negative change in assessed value attributable to the
activities performed by each employee.
(e) Notwithstanding Section 95.3, no amount of funds provided to
an eligible county pursuant to this section shall result in any
deduction from those property tax administrative costs that are
eligible for reimbursement pursuant to Section 95.3.
(f) At the request of the Department of Finance, the board shall
assist the Department of Finance in evaluating contracts entered into
pursuant to this section.
(g) On or before December 1, 2014, the California Assessors'
Association shall provide to the Senate Committee on Budget and
Fiscal Review and the Assembly Committee on Budget a report
summarizing the reports provided by participating counties.
SEC. 2. This act is an urgency statute necessary for
the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to preserve funding for vital programs for education,
health, and public safety, it is necessary that this act take effect
immediately.
SECTION 1. Section 12210.5 of the Business and
Professions Code is amended to read:
12210.5. (a) Any county which inspects or tests any weighing or
measuring device or instrument used commercially, at the request of
the owner or user of that device, when inspection or testing of the
device could legally be performed by a registered service agency, as
defined in Section 12531, may, if authorized by the county board of
supervisors, collect from the requesting owner or user thereof a fee.
(b) That fee shall be based upon a uniform schedule of fees, which
shall be prescribed by the secretary for use by the counties. The
secretary shall prepare the schedule of fees to be comparable with
the rates charged by the industry's registered service agencies. All
fees collected shall be credited to the general fund of the county in
which collected and used only for the administration and enforcement
of laws pertaining to weights and measures.
SEC. 2. Section 12509 of the Business and
Professions Code is amended to read:
12509. (a) When any weight, measure, or weighing or measuring
instrument has been repaired and corrected, and has been reinspected
and found correct, the sealer shall remove the tag or device with the
words "out of order," and shall seal and mark that weight, measure,
or weighing or measuring instrument in the manner provided for the
marking of the same where, upon inspection, it is found correct.
(b) Upon completion of corrective repairs or adjustments, and with
the authorization from the sealer, a registered service agency, as
defined in Section 12531, may remove an "out of order" tag or device,
and the weight, measure, or weighing or measuring instrument may be
placed in service pending reinspection by the sealer.
SEC. 3. Section 12511.1 of the Business and
Professions Code is amended to read:
12511.1. Notwithstanding any other provisions of this division,
any weight or measure, or weighing or measuring instrument, found
correct or corrected by a registered service agency, as defined in
Section 12531, authorized pursuant to Section 12509, may be used
commercially pending reinspection by a sealer.
SEC. 4. Section 12512 of the Business and
Professions Code is amended to read:
12512. When the sale of any commodity is based upon a quantity
representation either furnished by the purchaser or obtained through
the use of equipment supplied by the purchaser, the purchaser shall
in no case buy the commodity according to any quantity which is less
than the true quantity or compute the purchase price of the commodity
according to a unit price that is less than the highest applicable
price per unit, that is advertised, posted, marked, displayed, or
quoted for the commodity. Violation of this section is a misdemeanor.
SEC. 5. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.